December 2018 Archives

On behalf of Miller & Associates, Attorneys LLP posted in Child Support on Wednesday, December 26, 2018.

Parents in California who are no longer together must generally provide financially for their children. If a custodial parent incurs medical bills that are not covered or reimbursed, the noncustodial parent may have to cover a portion of those expenses. In some cases, this is true when the amount reaches a certain percentage of their original child support payment. Parents may also be ordered to cover these costs as a percentage of their monthly income.

On behalf of Miller & Associates, Attorneys LLP posted in Child Support on Wednesday, December 26, 2018.

Wage garnishment can be a source of stress for both employers and employees in California. Nationwide, about 7 percent of U.S. workers have their regular paychecks garnished according to data compiled by a leading research institute. Of the four types of garnishment studied, which were child support, tax levies, bankruptcy and other, it was child support that topped the list as the most common reason for wage garnishment. Middle-aged workers 35 to 55 years of age account for more than 60 percent of earnings-related garnishments, and employees in manufacturing occupations in the Midwest are affected most.

On behalf of Miller & Associates, Attorneys LLP posted in Child Support on Thursday, December 20, 2018.

Many divorce cases in California involving disputes over paternity end up being settled with DNA testing. And if child support is a factor, it's not unusual for this type of testing to be required. This is because DNA analysis has now reached a point where results are nearly 100 percent accurate. It's also a step that may be necessary if a child was conceived when parents weren't married since the father is not automatically considered the legal dad in situations like this - he's typically referred to as the "alleged father."

Parents in California who are getting a divorce might wonder how a judge will make a determination about custody and visitation. A judge will be concerned about the living accommodations available to children, but this does not mean there are definite rules. A judge will assess each situation on its individual merits, and decisions may vary from judge to judge.

On behalf of Miller & Associates, Attorneys LLP posted in High Asset Divorce on Monday, December 10, 2018.

California couples should be aware of ways they can financially divorce-proof their marriages. Financial strife is a major factor in why couples divorce. A survey suggests that 59 percent of divorced couples at least partially blame financial issues for their divorces. Another 20 percent claim that financial issues were a major factor in why they divorced.

Disagreements are common between divorced parents in California. When exes with children simply can't get along, the best solution may be parallel parenting. This is a parenting structure where both parents agree to share custody of children without interfering in one another's day-to-day decisions. While parallel parenting can be beneficial for estranged parents, it can also give children peace of mind.

When parents are estranged from each other or get a divorce, child custody can become a contentious issue. However, there are ways that parents can use California law to ensure that their children are safe. If one parent suspects that the other is neglecting or abusing the child, he or she should get evidence of that prior to seeking custody. For instance, it may be worthwhile to get a statement from a neighbor or the child's teacher.

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